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HomeMy WebLinkAbout9579826011019365 STATE OF WYOMING COUNTY OF LINCOLN 1, M. Shane follows: CERTIFICATE OF SALE :ss Johnson being of lawful age, being first duly sworn, state and certifies as 1. I am the duly elected and acting Sheriff in and for LINCOLN County, State of Wyoming, and make this Certificate of Sale in such capacity. 2. That a default has occurred under the terms of that certain Mortgage dated October 27, 2006, the "Mortgage securing said note, which Mortgage was given by Scott L. Edwards and Johanna Love, mortgagor(s), to said mortgagee, and was recorded October 30, 2006, as Instrument No. 923873, in Book 638, at Page 646, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for LINCOLN County, State of Wyoming, and which Mortgage covers that certain property described below, as follows, to -wit: Assignor: Assignee: Assignment Assignment Assignment LOT 49 OF STAR VALLEY RANCH PLAT 15, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 27, 1978 AS INSTRUMENT NO. 544466 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of: 161 Alpenglow Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: ©001.09 Mortgage Electronic Registration Systems, Inc. solely as nominee for lender U.S. Bank National Association, as Trustee for TBW Mortgage -Back Trust 2006 -6, Mortgage Pass Through Certificates, Series 2006 -6 dated: September 9, 2010 recorded: September 20, 2010 recording information: at Reception No. 955601, in Book 754, at Page 3 All in the records of the County Clerk and ex- officio Registrar of Deeds in and for LINCOLN County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage, having been made operative by reason of such default, U.S. Bank National Association, as Trustee for TBW Mortgage -Back Trust 2006 -6, Mortgage Pass Through Certificates, Series 2006 -6 "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first publication of the foreclosure sale notice, as shown by the Affidavit attached hereto as Exhibit "A" and by this reference made a part hereof. 0) o cc L11 L j Z a w z z w 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Wyoming Kemmerer Gazette, a newspaper published and having general circulation in LINCOLN County, State of Wyoming, once a week for four consecutive weeks, commencing with the January 13, 2011 issue of said newspaper and ending with the February 3, 2011 issue thereof; that said notice was mailed, certified mail, return receipt requested to all parties as required by Wyoming Statutes, as shown by the Affidavit attached hereto as Exhibit "A" and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statues relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit "B" and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On February 8, 2011 at 10:00 a.m. in the forenoon, at the front door of Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bides on said real property; and that the highest and best sum bid for said real property was the sum of $152,000.00, "Bid Sum which was bid and offered by U.S. Bank National Association, as Trustee for TBW Mortgage -Back Trust 2006 -6, Mortgage Pass Through Certificates, Series 2006 -6 "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $2,561.44 is to be paid to THE LAW OFFICES OF JAMES H. WOODALL, PLLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by statues of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit "C and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after February 8, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. Wyoming. DATED this 8th day of February 2011 in LINCOLN County, State of Sheriff in and for Lincoln County, State of Wyoming M. Shane Johnson Title: Deputk Sherif f STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me b John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of February 2011. Witness my hand and official seal 3A.VANN 1 t. r ,Wl ARY PUBLIC C,,,_ r ,r ,ay STATE OF LINCOLN A'YOi 11NG My Commission csaires 41 it ACKNOWLEDGEMENT :ss Notary Public STATE OF UTAH COUNTY OF SALT LAKE Assignor: Assignee: Assignment Assignment Assignment :ss EXHIBIT "A" AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 0OL James H. Woodall of lawful age, being first duly sworn upon his oath deposes and says: 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of LAW OFFICES OF JAMES H. WOODALL, PLLC, who is the attorney representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated October 27, 2006 (the "Mortgage and recorded on October 30, 2006, as Instrument No. 923873, in Book 638, at Page 646, in the records of the office of the County Clerk and ex- officio Registrar of Deeds in and for LINCOLN County, State of Wyoming, wherein Scott Edwards and Johanna Love "Mortgagors the named mortgage(s), and Mortgage Electronic Registration Systems, Inc. solely as nominee for Taylor, Bean Whitaker Mortgage Corporation, a Florida Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Mortgage Electronic Registration Systems, Inc. solely as nominee for lender U.S. Bank National Association, as Trustee for TBW Mortgage -Back Trust 2006 -6, Mortgage Pass Through Certificates, Series 2006 -6 dated: September 9, 2010 recorded: September 20, 2010 recording information: at Reception No. 955601, in Book 754, at Page 3 All in the records of the County Clerk and ex- officio Registrar of Deeds in and for LINCOLN County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by Advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statues, before the notice was published as follows: (please see attached sheet) 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 16, 2010 and the date of the first publication of the notice of the foreclosure sale was January 13, 2011. STATE OF UTAH COUNTY OF SALT LAKE DATED this day of February 2011. :ss This instrument was acknowledged before me on this day of February 2011 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOO ALL, PLLC. r ..w rw ,.w wr WM 1 NOW WOO Public Notary N CINDYHANSE a Commission 115 w,. Juno 1, 2011 StFto of Utah oodall ES OF JAMES H. WOODALL, PLLC r Front Parkway, Suite 290 ordan, Utah 84095 (801) 254-9450 Oa L2113 tr ru D a N ru ru J3 ru D Return Receipt Fee D (Endorsement Required) D IJ') I O rl_I D D D tr ru D r-R D N Postal SeifviceTt, TIFIE��1 (Domestic Mail C ni} N For delivery information visit our .wdbstteef. y sp s ooms, O F F C A P Poim 3800, August 2006 U.S. Postal ServiceTr, CERTIFIE 'IIUI (Domestic Mail Only; For delivery information visit our website at wWw usp's.cern Restricted Delivery Fee (Endorsement, (aeauir.,,1, Johanna•E. Love PO Box 12903 1 ac1 83002,. Total I Sent To Street, f or PO a City, Ste Postage Certified Fee Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pi Sent To Street, A, or PO Bc City, Star Johanna E. Love 161 Alpenglow Drive Thayne, Wyoming 83127 Postmark e Here Postmark Here PS Form 0800. August 2006 See Reverse for Instructions u- 1r1 ru u'I 0 ..D ru D D it w D D N a7' ru Ln ru it f^- N D m ru u, 0 ru D D D D ru D D r N U,S. Postal ServiceTh ,1 CERTIFIED MA (Domestic Mail Only Tr PT .urance C ge Provided) for delivery information visit oul website at wwW.usps,como O F F I C I A D Return Receipt Fee D (Endorsement Required) Restricted Delivery Fee (Endorsement Reauired) Scott A. Edwards ru Tota PO Box 12983 Sent ..Jackson, WY 83002 Street, 'or City 5 PS FSrm 3800, August 2006 See Reverse for Instructions US:Postal Service CERTIFIED M A TM RECD PT (Domestic Mail Only urence C ge Provided) For delivery information visit our website at www.usps.coma FF1C USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endo Scott A. Edwards Tot; 161 Alpenglow Drive Sent Th ayne, Wyoming 83127 Scree or PC City, Street, or PO 1 City, Si, Postage Certified Fee Restricted Delivery Fee (EndorsF �a Occupant Total I 161 Alpenglow Drive Sent To Thayne, Wyoming 83127 O'OC114 PS Form 3800, August 2006 See Reverse for Instructions;'; U.S. Postal Service CERTIFIED MA M RECF T (Domestic Mail Only; N rake Cc ge Provided) For delivery information visit our website at www.usps.com© OF'FIC1A USE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Postmark Here PS Form 3800. August "2006 See Reverse tea' Instructions,: ANK ucte PUBLISH: an. 13, 20, 27, Feb. 3, 2011 (4813) anceid ec`or was eXe E. Lp SYSTI TON rMoi public auction.' ,tarned,in challenge sat; Lion Th merit Igo of °seeds, Conn elate. S,l terms k) signed: to ac' encu five l KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING EXHIBIT B er at a le "con- d sale, tllerT,you must ?(oinpetett lurisdic ter• Op a later e under conitmues e c l S0 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN is el Jensen, Publ's 041/xiah1 Notary Si fur I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 21 consecutive issues /weeks; the first publication being on the 13 day of 2011_, and the last publication being on the day of d (1}f C j_._ 20_11 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael -n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln 5 Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 3 day of A.D., 20 t t eoir1.15 STATE OF UTAH COUNTY OF SALT LAKE 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of the LAW OFFICES OF JAMES H. WOODALL, PLLC and is the attorney representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That James H. Woodall, as attorney for the Mortgagee, will charge the mortgagee fees totaling $2,561.44 as compensation for services actually rendered in the foreclosure proceeding. 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by James H. Woodall. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person who is not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming. STATE OF UTAH COUNTY OF SALT LAKE James H. Woodall, of lawful age, being first duly sworn upon his oath, deposes and says: Attorney Fees Title Commitment Assignment fee Mailings Fee Publication Cost Fee to title company to conduct sale Recording costs Sheriff's fee Title report update Sheriff's Deed TOTAL 2,561.44 DATED this :ss Notary Publics 1 CINDY HANSEN 1 commissio n/3p 6 1 My Commission Expires Junst,?Ott 1 a..L Stale of 1 Ash a EXHIBIT "C" AFFIDAVIT OF ATTORNEY :ss 600.00 779.00 11.00 138.64 871.80 50.00 41.00 10.00 50.00 10.00 day of February 2011. James LA 106 Sout (801) 254 -9450 odall ES OF JAMES H. WOODALL, PLLC Front Parkway, Suite 290 an, Utah 84095 00W1,1,6 This instrument was acknowledged before me on this day of February 2011 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC.